Negligent and Dangerous Driving Offences
The local court has a wide range of sentencing options including a section 10 dismissal, various types of bonds, and community service orders. The Local Court Lawyers will be able to give you advice on the types of sentences the local court may impose due to your individual circumstances and the nature of your offence. Where gaol terms are being considered by the court the Local Court Lawyers can make applications to suspend the gaol term, make an assessment for an intensive correction order, or make an assessment for home detention.
Section 10 dismissal Crimes (Sentencing Procedure) Act 1999.
If the matter is minor and you have a good criminal history we may make an application to have the matter proved but dismissed. This is similar in nature to the local court giving a caution. The offence is proved but there is no conviction recorded. This will enable you to say that you have not been convicted of any offences (particularly relevant to employment or international travel).
Other types of bonds
- A section 9 bond is a conviction and requires you to be of good behaviour. It can also include requirements for supervisions and rehabilitation.
- A section 11 bond is what used to be called a Griffith Remand. It is used where intensive rehabilitation and participation in an intervention program is necessary.
- A section 12 bond is a gaol term that is suspended. If the suspended sentenced is breached by committing another offence then, unless there are good reasons not to, the court will impose a gaol term. More likely than not, the court will add a term to the suspended sentence for the fresh offence/s.
Offences committed whilst on a bond
If you are on a section 9 bond, section 10 bond, section 11 bond or section 12 bond at the time of the offence, the local court will most likely decide to initiate breach proceedings and re-sentence you for those offences. The Local Court Lawyers will ensure that all avenues including the Crime Sentencing and Procedure Act 1999 are used to achieve the best possible outcome where this situation arises.
If the local court is considering a gaol term, the Local Court Lawyers will make an application for a pre-sentence report to explore options other than gaol. We will guide you through the process to ensure that you are aware of the pre-conditions necessary to comply with this order and avoid a gaol term.
Representations to the police – plea bargaining
If you have exercised your right to silence, the police may not have all the facts. There may also be issues in relation to the admissibility of evidence or there is other evidence available that the police were not aware of. Once you have given your version to the Local Court Lawyers there may be a factual or legal position that can be presented to the Prosecutions Section of the NSW Police Force, in writing. The Local Court Lawyers are well versed in this process and the likely prospects of success. If written submissions are successful then a charge can be withdrawn and you can avoid the expenses associated with a hearing, you may receive a less serious penalty by amending the facts sheet or the prosecution may lay a less serious charge.
If you suffer from a mental illness or condition then the Local Court Lawyers can help. If certain conditions are met we can make an application under section 32 of the Mental Health (Forensic Provisions) Act to have your offence discharged, without the offence being proved, and placed on a community treatment order.
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